Quote:
Originally Posted by BigBrodieFan
Even without the withholding of evidence, I think the defense would have appealed and won if there was a conviction. Not sure what the precedent is, however I have never heard of a judge saying 'Well, this might not get murder2 so you can go ahead and charge him with manslaughter instead.' Changing what a person is charged with at the end of the trial... wtf..
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There were multiple grounds for appeal on conviction in this trial, I think thats why they had such a lengthy debate today on jury instructions over defining manslaughter convictions.
A lot of advantages were given to the prosecution in this case. They just had a lousy set of facts.
If she would have been smart (the judge) she should have declared a mistrial over the disclosure issue.